What2donext / UE Diary

[BBoo]

Re: What2donext / UE Diary

While my removed reply was intended to be tongue in cheek, the case law is absolutely accurate.

It is still best, in my opinion, to treat them as the pillocks they are and ignore them. If they do turn up, send them away. If they refuse to go, call the police. Make sure you are not charged for their visit.

This one is NOT tongue in cheek! lol

[SaltnVinegar]

Re: What2donext / UE Diary

I've had a couple of DCA's also think they are above the law and state they could visit me whenever they wished.

I have a further template to send in this scenario (and variations of depending on whether they have been offered a payment plan) and get no further doorstep threats after this:

START


Dear Mr DCA/Creditor


Account Number: xxxxxxxx


I refer to your correspondance of xx/xx/xxxx


Let me make my position on doorstep visits clear:

1) As a ‘customer’ of yours I do not wish to receive or accept your doorstep collection service, nor do I wish to arrange an appointment with one of your representatives.

2) I will discuss this matter in writing ONLY. I will not discuss anything with a field based agent and should any of your representatives visit my property they will be asked to leave and the police will be called immediately.

I also now formally advise you that any such visits will be followed up to the full extent of the law; a Police complaint for any trespass, which, if it occurs, will result in my seeking an Injunctive Relief Order from the courts. This means any visits would be classed as a criminal offence (contempt of court) and would be subject to fines and/or custodial sentencing.

Be advised that I will also consider any further correspondence threatening doorstep visits, or an actual visit from one of your field representatives as harrassment and will consider you in breach of the Protection from Harrassment Act 1997 and will consider legal proceedings accordingly.

I specifically draw your attention to the relevant parts of the Act namely:

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

In relation to the section (2) identified above I refer you to the recent court case of Harrison v Link Financial [2011] EWHC B3

Although you may claim as per Section 1.3.c of this act "that in the particular circumstances the pursuit of the course of conduct was reasonable" the OFT state that threatening to visit debtor when an account is in deadlock an unfair business practice, consequently your pursuit of the course of action could not possibly be considered reasonable.

I trust that clarifies my position and that you will desist in making further such threats.

Regards

END

[what2donext]

Re: What2donext / UE Diary

While my removed reply was intended to be tongue in cheek, the case law is absolutely accurate.

It is still best, in my opinion, to treat them as the pillocks they are and ignore them. If they do turn up, send them away. If they refuse to go, call the police. Make sure you are not charged for their visit.

This one is NOT tongue in cheek! lol

Thanks BBoo we are becoming very competent at ignoring but its good to know there is case law to back us up and if they do turn up they will be asked to smile for the camera .

[what2donext]

Re: What2donext / UE Diary

I've had a couple of DCA's also think they are above the law and state they could visit me whenever they wished.

I have a further template to send in this scenario (and variations of depending on whether they have been offered a payment plan) and get no further doorstep threats after this:

START


Dear Mr DCA/Creditor


Account Number: xxxxxxxx


I refer to your correspondance of xx/xx/xxxx


Let me make my position on doorstep visits clear:

1) As a ‘customer’ of yours I do not wish to receive or accept your doorstep collection service, nor do I wish to arrange an appointment with one of your representatives.

2) I will discuss this matter in writing ONLY. I will not discuss anything with a field based agent and should any of your representatives visit my property they will be asked to leave and the police will be called immediately.

I also now formally advise you that any such visits will be followed up to the full extent of the law; a Police complaint for any trespass, which, if it occurs, will result in my seeking an Injunctive Relief Order from the courts. This means any visits would be classed as a criminal offence (contempt of court) and would be subject to fines and/or custodial sentencing.

Be advised that I will also consider any further correspondence threatening doorstep visits, or an actual visit from one of your field representatives as harrassment and will consider you in breach of the Protection from Harrassment Act 1997 and will consider legal proceedings accordingly.

I specifically draw your attention to the relevant parts of the Act namely:

1 Prohibition of harassment

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

In relation to the section (2) identified above I refer you to the recent court case of Harrison v Link Financial [2011] EWHC B3

Although you may claim as per Section 1.3.c of this act "that in the particular circumstances the pursuit of the course of conduct was reasonable" the OFT state that threatening to visit debtor when an account is in deadlock an unfair business practice, consequently your pursuit of the course of action could not possibly be considered reasonable.

I trust that clarifies my position and that you will desist in making further such threats.

Regards

END

Thanks SaltnVinegar and everyone else who has contributed,we are very grateful for everyones input and we now have numerous options open to us thanks again.

[Pixie]

Re: What2donext / UE Diary

I wouldn't worry about Barclays response to your doorstep visit letter.

They will argue that black is white if it suits them - as in "our countless pages of T&Cs and assorted 'rubbish' that we have sent you comply with your cca request."

If they do come to your door, which is unlikely (I've had countless threats and only one visit), just tell them politely to go away or you will phone the police. That's what I did and he went off with his tail, between his legs - not a murmur form him.

[what2donext]

Re: What2donext / UE Diary

Mint Credit Card (Mrs)
Date Commenced - 29.10.03
Approx. Balance - £3399
Last Full Payment paid - 6.6.11
DMP Payment paid - 28.6.11 (no more payments being made)

07/07/11 CCA request sent
14/07/11 Received letter stating "I have received a letter regarding your account. The letter was not signed and as a result I am unable to undertake the action requested. Please sign the letter in space or call us etc." Ignoring for now until further advice is given

30/07/11 CCA received - Email sent to Niddy
03/08/11 Niddy says
04/08/11 Blagging it for now Sent CCA Query - Missing Prescribed Terms by recorded delivery
27/08/11 Received letter in reply to CCA Query - Missing Prescribed Terms
01/09/11 Received Default Notice stating" Please read the Default Notice carefully and ensure payment of £*** is credited to your account within 17 days etc etc"
28/09/11 Received Account termination letter stating - A Default Notice was recently served against you. As the amount requested in the Default Notice has not been received, your account has been terminated.
We now require full repayment of the outstanding debt within 14 of the date of this letter. If you do not comply, or fail to subit proposals for repayment that are satisfactory to us,your account will be passed over to our Debt Recovery Office etc etc.
19/10/11 Received letter from TRITON - We have been formally instructed by The Royal Bank of Scotland plc in respect of the above unpaid debt that despite reminders, you have failed to settle or to make mutually acceptable repayment arrangements .We must inform you that unless you telephone RBS immediately the debt will be referred to us or an equivalent debt recovery agent for collection.

Recieved the above today from TRITON should we just ignore as it is an enforceable debt ? thanks

[MrsD]

Re: What2donext / UE Diary

I would say its safe to wait and see what they do next, just keep and eye out.

[what2donext]

Re: What2donext / UE Diary

RBS Loan (Joint)
Date Commenced - 4/3/05 refinanced 22/5/06 and 19/10/07
Approx. Balance - £14,871
Last Full Payment paid - 30/5/11

28/06/11 CCA request sent
09/07/11 Letter received requesting completion of their IE form with signature Ignored
15/07/11 Letter received wanting us to contact them Ignoring
18/07/11 14 working days now up and no CCA received do we have to send any other letter thanks
28/07/11 CCA Received -Just emailed it to Niddy
29/07/11 Niddy says
08/08/11 Received lettter stating - I have noted the information and intend to refer our position to our Recoveries Department as there would not appear to be any possibility of a repayment plan being agreed.
In order to refer the matter to this department I advise that I require a Default Notice & Formal Demand etc.You will be required to find new banking facilities as your accounts will be closed.
11/05/11 Received Formal notice of intention to file a default and take action to recover debt.
07/09/11 Received Sums in arrears notice
19/10/11 Received letter from Shoosmiths solicitors we have been instructed by the Bank to contact you and to agree how the sum outstanding from you will be repaid .We appreciate that you may already be in contact with the Bank but they have asked us to manage this process on their behalf.
Settlement- Our client has informed us that, in return for a lump sum payment in the short term it may be prepared to accept less than the sum outstanding from you etc etc.

Received the above today we have been waiting to update this untill we got all ccas back then we would know where we were regarding which debts are enforceable we havent received them all back as yet but Niddy said way back in post 70 that if they get heavy then look to make a token payment is now the time to start negotiating with them or do we just pay a token payment as they have said there would not appear to be any possibility of a repayment plan being agreed.Any advice would be much appreciated thanks.

[what2donext]

Re: What2donext / UE Diary

I would say its safe to wait and see what they do next, just keep and eye out.

Cheers Eld we will just wait as you suggest

[MrsD]

Re: What2donext / UE Diary

I would send Shoosmith's an account sold in dispute if this is the first contact, that should hold em until Niddy gets back, and remember that you know its enforceable, they only think its enforceable, cos they won't have looked at it like Niddy has!

[what2donext]

Re: What2donext / UE Diary

I would send Shoosmith's an account sold in dispute if this is the first contact, that should hold em until Niddy gets back, and remember that you know its enforceable, they only think its enforceable, cos they won't have looked at it like Niddy has!

Thanks again Eld will send what you suggest in tomorrows post if it keeps them at bay a little longer all well and good.

[diddlydee]

Re: What2donext / UE Diary

Remember what2donext, all you are trying to do is fend them off for as long as possible. If you are able to save up the money you would have used to repay them (assuming you have some!), all the better - it could be used for settlement purposes at a later date.

We'll "treat" the debt as unenforceable unless you get a real threat of further action; if and when that happens, you have to reconsider!

diddly x

[what2donext]

Re: What2donext / UE Diary

Remember what2donext, all you are trying to do is fend them off for as long as possible. If you are able to save up the money you would have used to repay them (assuming you have some!), all the better - it could be used for settlement purposes at a later date.

We'll "treat" the debt as unenforceable unless you get a real threat of further action; if and when that happens, you have to reconsider!

diddly x

Thanks Diddly we are trying to save as much as we can so we can get ourselves in a position to offer some kind of settlement in future but the longer we can stave them off the better as at the moment we are not in a position to offer them a realistic figure .

[Never-In-Doubt]

Re: What2donext / UE Diary

Jesus H Christ! What's been going on here then

[what2donext]

Re: What2donext / UE Diary

Jesus H Christ! What's been going on here then

Good morning Niddy hope you had a great holiday,not a lot gone on really Barclaycard just got to me with their we can do what we want letter but i calmed down and decided not to respond and if they send a doorstep caller i will duly record all and make them a star of doorstep tv